Officer John Barnes and Chief Michael Ansbro Public Safety Officers' Benefit Program Expansion Act of 2026

The proposed expansion of the Public Safety Officers' Benefit Program falls squarely within Congress's authority under the Spending Clause of Article I, Section 8, Clause 1, which empowers the federal legislature to provide for the common defense and general welfare. As I argued in Federalist No. 30, the power to raise revenue and appropriate funds for the general welfare is essential to the vigor of the national government. This benefit program advances the general welfare by supporting public safety officers who risk their lives in service to the community. Moreover, the Necessary and Proper…

The Constitution grants Congress only enumerated powers, and the authority to establish a benefit program for state and local public safety officers is not among them. The Tenth Amendment expressly reserves to the States all powers not delegated to the United States, including the regulation of their own law enforcement personnel. The General Welfare Clause of Article I, Section 8 does not authorize such an expansion of federal power, as it must be tied to the enumerated powers. To allow Congress to create benefit programs for state officers under the guise of 'general welfare' would be to pla…

This bill proposes a federal expansion of benefits for public safety officers, thereby extending the reach of the general government into an area properly reserved to the States. The Constitution grants Congress only enumerated powers, and the power to provide for the general welfare, as stated in Article I, Section 8, Clause 1, is not an independent and unlimited grant of authority. It must be exercised in conjunction with other enumerated powers. Here, no such specific power—such as to regulate commerce, raise armies, or establish post roads—supports a direct federal benefit program for stat…

The Constitution vests in Congress the power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States. This power is broad and includes the authority to create benefit programs for public safety officers, as such programs are conducive to the general welfare. Moreover, the Necessary and Proper Clause grants Congress the authority to enact all laws which shall be necessary and proper for carrying into execution the foregoing powers. The expansion of the Public Safety Officers' Benefit Program is a proper …